{"id":4733,"date":"2025-12-01T17:25:09","date_gmt":"2025-12-01T16:25:09","guid":{"rendered":"https:\/\/denisemmanuelphilippetax.be\/?p=4733"},"modified":"2025-12-01T17:27:58","modified_gmt":"2025-12-01T16:27:58","slug":"publication-of-an-impressive-report-by-the-commission-on-dac-does-the-commission-suffer-from-a-democratic-deficit-impact-of-dac2-on-the-capital-gains-tax-in-belgium","status":"publish","type":"post","link":"https:\/\/denisemmanuelphilippetax.be\/en\/tax-news-en\/publication-of-an-impressive-report-by-the-commission-on-dac-does-the-commission-suffer-from-a-democratic-deficit-impact-of-dac2-on-the-capital-gains-tax-in-belgium\/","title":{"rendered":"Publication of an impressive report by the Commission on DAC. Does the Commission suffer from a democratic deficit ? Impact of DAC2 on the capital gains tax in Belgium ?"},"content":{"rendered":"

The Commission has recently published its evaluation of the EU Directive on Administrative Cooperation in Taxation (DAC) (full report [1]<\/a>).<\/strong><\/p>\n

It is often said the the EU Commission is undemocratic. This report shows in my view the contrary. The report is based on several sources such as :<\/p>\n

\u25b6\ufe0f a public consultation conducted by the Commission;<\/p>\n

\u25b6\ufe0f feedback provided by Member States and private stakeholders, including replies to questionnaires;<\/p>\n

\u25b6\ufe0f additional targeted consultations conducted with academics, tax lawyers and economists to gather their comments on specific aspects of the DAC. In this context, I had the honour of being invited to share my thoughts on the DAC, together with my esteemed colleague Daniel Gutmann. Many thanks to Julien DODELER, Henrik Paulander, Katarina \u017dnidar\u0161i\u010d, Francesca Marangoni for the invitation and the interesting discussion!<\/p>\n

1\ufe0f\u20e3 Impact of DAC2 for the new capital gains tax (10%) in Belgium (entry into force :<\/strong> 1\/1\/2026)<\/strong><\/p>\n

\u26a0\ufe0f The report shows that the exchanges relating to gross proceeds from redemptions and sales of financial assets are, in terms of value, the category of financial information exchanged corresponding to the largest amount (apart from the value of the accounts), i.e. EUR 4,061 billion since 2018!<\/p>\n

\ud83d\udd05 The Belgian tax authorities will most certainly use this information in order to monitor whether capital gains on financial assets (realised as from 1\/1\/2026) held abroad are correctly declared by Belgian individual taxpayers in their income tax returns!<\/p>\n

\u26a0\ufe0f This will presumably give rise to discussions between taxpayers and the tax authorities, given that the “gross proceeds” do not reflect the taxable “capital gains”.<\/p>\n

2\ufe0f\u20e3 Findings regarding DAC6<\/strong><\/p>\n

\ud83d\udd36 Approximately 6,600 (agressive) cross-border arrangements have been reported per year by the Member States in the dedicated central directory;<\/p>\n

\ud83d\udd36 The vast majority of arrangements reported originates from a few Member States: Germany, the Netherlands, Cyprus, Luxembourg, Ireland and Poland.<\/p>\n

\ud83d\udd36 Most of the arrangements reported concern Hallmarks A (generic hallmarks linked to the main benefit test, 35%) and B (specific hallmarks linked to MBT, 34%).<\/p>\n

\ud83d\udd36 DAC6 information is used by the majority of Member States. In January 2023, 21 Member States had already integrated DAC6 data into their risk assessment process, and 16 Member States were using the data received for specific tax inspections or extended tax audits!<\/p>\n

\ud83d\udd36 DAC6 is posing interpretative challenges for the Member States, leading to different interpretations and application of the DAC6 provisions across them => this creates uncertainty among intermediaries and increases the burden and the associated (compliance) costs!<\/p>\n

Find here the link to the book of Aymeric Nollet and myself on DAC6.<\/strong><\/em><\/p>\n